ATO to provide super details in family law property matters

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An amendment bill has now been introduced into Parliament to permit the Australian Taxation Office (ATO) to provide details about the superannuation accounts of a party to a Family Law property proceeding. Given that superannuation accounts are, after the matrimonial home, likely to be the most significant financial assets of a married couple, it is

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Best interest now best financial interests

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Previously, trustees of self managed superannuation funds were required to perform their duties and exercise their powers in the best interests of the beneficiaries of the fund. This requirement was imposed by s52B(2)(c) of the Superannuation Industry (Supervision) Act 1993. Now, because of a recent amendment to that provision, the requirement is for trustees to perform

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Michael Hallinan reviews recent superannuation changes

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Six member SMSFs finally arrive Why have a 6 member SMSF? A 6 member SMSF may be relevant to situations where a parent or a couple have children who are working part time and wish to accept their children’s SG contributions Another situation where a 6 member SMSF may be relevant is where business principles

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Federal Budget 2021 – Super changes

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1. Budget 2021 super changes – overview The 2021 Budget can be summarised in one line – as a great budget for superannuation.  The Budget sets out major beneficial changes for superannuation covering both contributions, legacy superannuation products, first home super saver scheme and residency issues for SMSFs. The contribution rules changes are: Downsizer contributions

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ATO plays hard with late lodging SMSFs

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It seems that the ATO will change the status of SMSFs which fail to lodge their SMSF annual returns by the due date (subject to a 2-week grace period) from “complying” to “regulation details removed”.  This will effectively be social exclusion for those SMSFs. Whilst this change does not alter the complying fund status of

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ATO – Key superannuation thresholds for 2019/20

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The ATO has released some of the key super thresholds for the 2019/20 financial year. Transfer Balance Cap This cap is $1,600,000 and is unchanged from the 2018/19 financial year. The transfer balance cap is the maximum amount of super capital which a taxpayer can transfer during their lifetime into retirement phase and thereby benefit

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Jumbo SMSFs and individual trustees

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While the Morrison Government is proceeding with its proposal to permit Jumbo SMSFs with 5 or 6 members, will Jumbo SMSFs have to have a company as trustee? This answer is determined by the legislation of the state or territory which applies to the SMSF. In summary, some jurisdictions do permit having 4 or 5

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SMSFs: Untouched by Hayne; Jumbo size; Unwinding LRBAs

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SMSFs suffer no pain from Hayne Two key issues on Superannuation from the Hayne Royal Commission were Agency Conflict and Invisibility of Fees (especially for no service). These two issues could be summarised as essentially poor and conflicted governance. These structural issues are not present in SMSFs – as, in general, members and the controllers

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Work test exempt contributions (aka ‘last drinks contributions’) details now released

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In the 2018 May Budget, the Government announced the proposal to allow individuals who are recent retirees and who have attained age 65, to make last chance voluntary contributions by providing a one year exemption from the work test. This proposal will apply from 1 July 2019 to the 2019/20 and subsequent financial years. As

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Over $5m in super released for first home buyers scheme

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In the period from 1 July 2018 to 6 August 2018 taxpayers have made 1,449 requests to the ATO under the first home super saver scheme, FHSS. These are called FHSS Determinations to enquire as to the amount which can be currently released under the scheme. Requesting an FHSS Determination does not amount to a

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